What was Tenancy Tribunal case 5308606 about?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 5308606?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5308606?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5308606?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12706412-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5308606 about?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 5308606?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5308606?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5308606?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12706412-Tribunal_Order.pdf.

Unit/Flat 102, 126 Commerce Street, Frankton, Hamilton Tenancy Tribunal Case 5308606 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing to consider the rehearing application.

On 17 October 2025 the Tribunal made an order for rent arrears and reasonable costs incurred by the landlord on account of the tenant breaking the terms of the fixed term tenancy.

On 20 October 2025, the tenant applied for a rehearing on these grounds: We did not attend the above hearing on time, which was scheduled at 2pm. We did not realise that this was New Zealand time so we waited at 2pm Fiji time. We noticed that an ORDER was sent to us via email at 1.16pm Fiji time whilst we were preparing for our 2pm hearing.

Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.

Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.

The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal.

Has a substantial wrong or miscarriage of justice occurred?

The tenant has failed to establish the grounds for a rehearing.

I accept that the tenant has honestly missed the hearing time due to being in Fiji at the date of the original hearing on 17 October and thought that the hearing was scheduled for 2pm Fiji time instead of 2pm NZ time.

However there remains nothing before me that the tenant should not be liable to pay the rent arrears and fixed term tenancy breakfree costs ordered after the initial 17 October hearing.

Even if the tenant has applied for reduction of the fixed term tenancy due to the tenant’s hardship of having lost employment in New Zealand, the Tribunal would still have awarded the landlord the re-letting fees: admin, viewings, advertising fees and rent arrears to the date the premises was subsequently relet. Section 66 (2) Residential Tenancies Act 1986 states that where the Tribunal makes an order reducing the fixed term tenancy, the Tribunal may order that the applicant (ie., the tenant) to pay to the other party (the landlord) an amount determined by the Tribunal “by way of reasonable compensation for any loss or damage to the other party (ie., the landlord) which would result from the reduction in the term of the tenancy”.

Ultimately, the outcome of the original order would still be the same even if the tenant has been heard on this application.

For those reasons, the rehearing application fails.

Reasons

Both parties attended the hearing to consider the rehearing application.

On 17 October 2025 the Tribunal made an order for rent arrears and reasonable costs incurred by the landlord on account of the tenant breaking the terms of the fixed term tenancy.

Has a substantial wrong or miscarriage of justice occurred?

The tenant has failed to establish the grounds for a rehearing.

However there remains nothing before me that the tenant should not be liable to pay the rent arrears and fixed term tenancy breakfree costs ordered after the initial 17 October hearing.

Ultimately, the outcome of the original order would still be the same even if the tenant has been heard on this application.

For those reasons, the rehearing application fails.

Tenancy Tribunal case 5308606 — Rent arrears at Unit/Flat 102, 126 Commerce Street, Frankton, Hamilton

At a glance

Claims & awards

Tenancy Tribunal case 5308606 — Rent arrears at Unit/Flat 102, 126 Commerce Street, Frankton, Hamilton

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions